This notice sets out what we do with information we collect from you, how we use it and store it, how you can access it and what you can do if you think standards are not being met.
As a public authority, we are required to have a Privacy Notice that is compliant with the Data Protection Act 2018 (the ‘Act) and with the Information Commissioner’s Office (ICO) guidance on Privacy Notices. We are the data controller for the personal information we hold.
We collect information about you when you register with us for a judicial role, when you complete an application form, the diversity monitoring questionnaire, or provide feedback. We also collect information from the website using cookies.
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. For further information visit: www.aboutcookies.org or www.allaboutcookies.org.
Personal data is information about you as individual including your name, address, email address and telephone number. It can also include information about your career history, criminal record, professional conduct, financial and tax information, and diversity information.
We will only collect personal data that is relevant for the services we provide.
We will safeguard your data and will only disclose it where it is lawful to do so, or with your consent.
We will inform you why we need your personal data and ask only for the personal data we need and not collect irrelevant or excessive information.
- Protect your personal data and make sure no unauthorised person has access to it
- Share it with legitimate organisations for legitimate purposes only where appropriate and necessary
- Make sure we do not keep it longer than is necessary
- Not make your personal data available for commercial use without your consent
- Consider your request to correct, stop processing or erase your personal data.
You can withdraw consent at any time, and where relevant, you can lodge a complaint with the supervisory authority, the Information Commissioner’s Office.
We collect information about you to:
- Process and assess your application for the judicial role you are applying for
- Communicate with you to notify you of the progress of your application
- Communicate with you for news about the JABS business (where you have requested this)
- Communicate new vacancies (where you have requested this)
Additionally, and with your permission, we may also collect diversity information, including your nationality, ethnicity, gender, sexual orientation, age, disability and belief or religion. This information is used to help us identify any issues relating to diversity, inequality, unfairness, discrimination and disadvantage. This information is not shared with the JABS Board or any other body, and is anonymised and collated as statistics.
Processing your application
The information you provide when you register for our online service is hosted by Hallmark Solutions Ltd, Unit 14 McKibbin House, Eastbank Road, Carryduff, Northern Ireland, BT8 8ED. This company does not retain, share, store or use personally identifiable information with any other organisation.
If you are invited to interview we have a duty under the Judiciary and Courts (Scotland) Act 2008 to ensure that candidates are of good character and conduct, in order to assess this we may share some of your personal information including:
· Date of birth
· Career history
· Education history
· The Sheriffs Principal;
· The Scottish Legal Complaints Commission;
· The Faculty of Advocates;
· The Law Society of Scotland;
· The Crown Agent;
· Disclosure Scotland;
· Police Scotland;
· Senior President of Tribunals; and
· President of the Scottish Tribunals
If you are recommended for appointment, we will share your data with Scottish Ministers as outlined in Schedule 1 of the Judiciary and Courts (Scotland) Act 2008.
We may also share personal data in relation to the determination of reasonable adjustments with the Judicial Office for Scotland, if we are asked to do so.
Section 17 of the Judiciary and Courts (Scotland) Act 2008 provides the statutory framework on confidentiality in relation to judicial appointments. Disclosure outside of these provisions is unlawful. When we carry out the consultations, we enclose a copy of this section of the Act with our request.
We know how important it is to protect your privacy and to comply with data protection laws. We will safeguard your personal data and will only disclose it where it is lawful to do so, or with your consent.
We will not share your information to third parties for marketing or any other purposes.
We will keep information relating to judicial appointments for:
- One year if you were not successful at the shortlisting stage.
- Three years if you are successful at the shortlisting stage;
- If you are recommended for appointment we will permanently retain your name and the date that you were recommended for appointment.
We will keep personal information contained in complaints files for ten years. This means that information relating to a complaint will be retained for ten years from closure or resolution of that complaint.
Information related to the online application system is managed by you. It will be retained until a user requests to no longer receive the emails and alerts. Or erases their account where the personal information relating to previous application is stored.
You have the right to access your personal data that we hold about you. You can find out if we hold any personal information about you by making a ‘subject access request’ under the Data Protection Act. You can make this request in writing (please use the Contact Us section or our website) or by telephone (please call 0131 528 5101).
If we do hold information about you, we will:
- Give you a description of it;
- Tell you why we are holding it;
- Tell you who it could have been disclosed to; and
- Let you have a copy of the information.
If the information we hold about you is inaccurate, you can ask us to correct it. If you think there has been an infringement of the General Data Protection Regulations, you have the right to complain to the Information Commissioner’s Office.
The Data Protection Act 2018 contains exemptions in respect of personal data processed for the purposes of assessing a person’s suitability for judicial office, please see Articles 13 -21 and 34 of the General Data Protection Regulations. For further information of the scope of this exemption you should refer to our Freedom of Information Policy published on our website.
If you think that our collection or use of information is unfair, misleading or inappropriate, please bring it to our attention.
This Privacy Notice does not provide exhaustive detail of all aspects of our collection and use of personal information.
Links to other websites
This Privacy Notice does not cover hyperlinks to other websites. You should read the Privacy Notice on websites that you visit to make yourself aware of their content.
Changes to this Privacy Notice
We will review this Privacy Notice regularly to ensure that we are acting transparently and in accordance with our responsibilities.
Information Commissioner’s Office
You have the right to contact the Information Commissioner’s Office in respect of our handling and processing of personal data. Please see the website for full details: https://ico.org.uk/
If you would like further information from us, please use:
· the Contact Us section on our website;
· email firstname.lastname@example.org;
· telephone 0131 528 5101; or
· write to:
Mr Stuart Scott
Interim Head of Operations
Judicial Appointments Board for Scotland
91 Haymarket Terrace